PART IX

OFFENCES AND PENALTIES

Penalty for misuse of money or property of a registered trade union.
56. —(1) Where, on complaint made by a member of a registered trade union, it is shown to the satisfaction of a District Court or Magistrate’s Court that any officer or member of that union has in his possession or control any property of the union except in accordance with the rules of the union, or has unlawfully expended or withheld any money of the union, the court shall, if it considers the justice of the case so requires, order that officer or member to deliver all such property to the trustees of the union and to pay to them the money so unlawfully expended or withheld.

(2) A complaint made under subsection (1) shall not be entertained unless the court is satisfied that the complainant is, on the date of that complaint, a member of the registered trade union in respect of the property of which the complaint is so made.

(3) Any person bound by an order made under subsection (1) who fails to comply with the terms thereof and the directions given therein within a time to be specified in that order shall be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000.

(4) An order made under subsection (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.

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Supplying false information regarding trade unions.
57. Any person who, with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of that trade union any document purporting to be a copy of the rules of the trade union or of any alterations thereto which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered trade union to any person on the pretence that those rules are the rules of a registered trade union, shall be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

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Failure to submit returns.
58. If default is made on the part of any registered trade union in doing any act, in giving any notice, or in sending any statement, return or other document as required by this Act or by the regulations made thereunder, every officer or other person bound by the rules of the trade union or under the provisions of this Act or the regulations made thereunder to do such act, or to give such notice, or to send such statement, return or document, or, if there is no such officer or person, every member of the executive of that registered trade union shall severally be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000.

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General penalty.
59. —(1) Every person who, and every trade union which, contravenes any provision of this Act or any regulations made thereunder shall be guilty of an offence and shall be liable on conviction by a District Court or Magistrate’s Court to a fine not exceeding $2,000 unless some other punishment is provided for that offence by this Act.

(2) Upon conviction of an unregistered trade union under subsection (1), every person proved to have been a member of the executive of that trade union at any time after the commencement of this Act shall be deemed severally to be guilty of the offence for which the trade union was so convicted and the District Court or Magistrate’s Court shall, after necessary inquiry, declare in its finding and order the name of each person to be deemed to be guilty and shall pass sentence upon him according to law.

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Composition of offences
59A. —(1)  The Minister may by regulations prescribe any offence under this Act or any regulations made thereunder as an offence which may be compounded.

(2)   The Registrar may, in his discretion, compound any offence so prescribed by collecting from the person or trade union reasonably suspected of having committed the offence a sum not exceeding $200.

Limitation of prosecutions.
60. No prosecution shall be instituted under this Act except by or at the instance of or with the written consent of the Attorney-General.

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Saving of offences under other written law.
61. The offences and penalties specifically defined and provided in this Act are in addition to and not in substitution of those defined and provided in any other written law.

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